June



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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June 12, 2019
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Are You Background Checking Your Contractors? If So, Exercise Caution

Although employers who use background checks in their hiring processes are likely aware of Fair Credit Reporting Act (FCRA) requirements regarding employees, the question remains whether employers should extend the same precautions to non-employees they engage for service.

The Federal Trade Commission recently re-emphasized this fact: Because the term “employment purposes” is interpreted liberally to effectuate the broad remedial purpose of the FCRA, it may apply to situations where an entity uses individuals who are not technically employees to perform duties.” District courts in Iowa, Ohio and Wisconsin have questioned the reasoning, however California courts remain persuaded by the FTC’s guidance.
 

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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June 11, 2019
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Singapore: Guide on Active Enforcement Released

The Personal Data Protection Commission (PDPC) has published a Guide on Active Enforcement that represents a change in the way that the PDPC handles enforcement actions going forward.

Under the current approach in the Advisory Guidelines on the Enforcement of the Data Protection Provisions, there are three main enforcement methods. Where appropriate, PDPC could utilize alternative dispute resolution mechanisms, such as mediation and facilitated negotiations, to resolve a dispute between the parties. Or, the PDPC could commence investigations that could involve the PDPC exercising its statutory powers of investigation under the Personal Data Protection Act to uncover facts and reach a decision. Last, where the organization has made a decision involving the access and/or correction or personal data, the PDPC may review that decision.
 

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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June 10, 2019
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China Issues Draft of Data Security Administrative Measures

The Cyberspace Administration of China (CAC) has released draft Data Security Administrative Measures for public comment.

The Measures supplement the Cybersecurity Law of China that went into effect on June 1, 2017, with detailed and practical requirements for network operators who collect, store, transmit, process and use data within Chinese territory. The Measures likely will significantly impact network operators’ compliance programs in China. The Measures cover 40 articles in total, divided among four chapters, that address data collection, processing and use and data security.
 

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